Section 819.132 - Discrimination Based on Disability(a) It is unlawful to discriminate by refusing to sell or rent, or otherwise make unavailable, or deny a dwelling to a potential buyer or renter based on a disability of: (1) the potential buyer or renter;(2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or(3) any person associated with that person.(b) It is unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of: (1) that buyer or renter;(2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or(3) any person associated with that person.(c) It is unlawful to make an inquiry to determine whether a potential buyer or renter of a dwelling, a person intending to reside in that dwelling after it is sold, rented, or made available, or any person associated with that potential buyer or renter has a disability. However, this section does not prohibit the following inquiries, provided they are made of each potential buyer or renter, whether or not the person has a disability: (1) Whether the potential buyer or renter is able to meet the requirements of ownership or tenancy;(2) Whether the potential buyer or renter qualifies for a dwelling available only to individuals with disabilities or to people with a particular type of disability;(3) Whether the potential buyer or renter qualifies for a priority available to individuals with disabilities or to people with a particular type of disability;(4) Whether the potential buyer or renter is a current illegal abuser or addict of a controlled substance; or(5) Whether the potential buyer or renter has been convicted of the illegal manufacture or distribution of a controlled substance.40 Tex. Admin. Code § 819.132
The provisions of this §819.132 adopted to be effective September 27, 2005, 30 TexReg 6065; amended to be effective June 16, 2014, 39 TexReg 4659